Agricultural Produce (Cereals) (Amendment) Act, 1933
What is this act about?
Is éard atá sa dlí seo ná leasú ar an Acht um Tháirgí Talmhaíochta (Gránaigh), 1933, a dhéanann rialú níos fearr ar dhíol cruithneachta le haghaidh síl agus a fhorchuireann tobhach ar chruithneacht a dhíoltar le haghaidh síl.
Who it applies to: Sealbhóirí ceadúnas muilleoireachta agus déileálaithe cruithneachta cláraithe; Daoine a cheannaíonn cruithneacht dheimhnithe le haghaidh síl.
At a glance
- Country
- Ireland
- Area of law
- Environment and agriculture
- Articles
- 15
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Leasuithe ar fhorálacha áirithe den Phríomh-Acht.
- Díol cruithneachta baile inmhílithe le haghaidh síl.
- Tobhach ar chruithneacht baile inmhílithe a dhíoltar le haghaidh síl.
- Deonú agus cúlghairm ceadúnas chun cruithneacht dheimhnithe a dhíol.
Who does this act apply to?
- Sealbhóirí ceadúnas muilleoireachta agus déileálaithe cruithneachta cláraithe.
- Daoine a cheannaíonn cruithneacht dheimhnithe le haghaidh síl.
What are the key points?
- Féadfaidh an tAire ceadúnas díola (síl cruithneachta) a dheonú do shealbhóir ceadúnais muilleoireachta nó do dhéileálaí cruithneachta cláraithe.
- Ní mór do cheannaitheoirí cruithneachta dheimhnithe, nach daoine eisceachtúla iad, gealltanas i scríbhinn a shíniú chun an chruithneacht a úsáid le haghaidh síl amháin.
- Ní mór do cheadúnaithe cruithneacht dheimhnithe a dhíol ar phraghas nach lú ná an praghas caighdeánach don séasúr.
- Ní mór do cheadúnaithe taifid a choinneáil ar gach díolachán cruithneachta dheimhnithe agus iad a chur isteach chuig an Aire.
- Féadfaidh an tAire ceadúnas díola (síl cruithneachta) a chúlghairm tráth ar bith.
- Má sháraíonn sealbhóir ceadúnais aon choinníoll den cheadúnas, féadfar fíneáil nach mó ná £25 a ghearradh air don chéad chion, nó fíneáil nach mó ná £50 d'aon chion ina dhiaidh sin.
Environment and agriculture
Legal text
Legal text
Agricultural Produce (Cereals) (Amendment) Act, 1933 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1933 Agricultural Produce (Cereals) (Amendment) Act, 1933 Agricultural Produce (Cereals) (Amendment) Act, 1933 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 49 of 1933.
AGRICULTURAL PRODUCE (CEREALS) (AMENDMENT) ACT, 1933.
ARRANGEMENT OF SECTIONS
Part I.
PRELIMINARY AND GENERAL.
Section
Section 1
Short title.
Section 2
Commencement.
Section 3
Definitions.
Section 4
Regulations.
Section 5
Expenses.
Part II.
AMENDMENTS OF THE PRINCIPAL ACT.
Section 6
Amendment of section 28 of the Principal Act.
Section 7
Amendment of section 30 of the Principal Act.
Section 8
Amendment of section 71, of the Principal Act.
Section 9
Amendment of section 76 of the Principal Act.
Part III.
SALE OF HOME-GROWN MILLABLE WHEAT FOR SEED AND LEVY ON HOME-GROWN MILLABLE WHEAT SOLD FOR SEED.
Section 10
Further amendment of section 76 of the Principal Act.
Section 11
Grant and revocation of licences.
Section 12
Breach of conditions of licence.
Section 13
Levies in respect of certificated wheat sold for seed.
Section 14
Recovery of levies.
Section 15
Disposition of levies.
Act Referred to Agricultural Produce (Cereals) Act, 1933 No. 7 of 1933 Number 49 of 1933.
AGRICULTURAL PRODUCE (CEREALS) (AMENDMENT) ACT, 1933.
AN ACT TO AMEND THE AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 , AND TO PROVIDE FOR THE BETTER CONTROL AND REGULATION OF THE SALE OF WHEAT FOR SEED, FOR THE IMPOSING OF A LEVY ON WHEAT SOLD FOR SEED, AND FOR OTHER MATTERS RELATING TO THE MATTERS AFORESAID. [15th December, 1933.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Agricultural Produce (Cereals) (Amendment) Act, 1933.
Commencement.
2.—(1) This Act (except Part III thereof) shall come into operation immediately upon the passing thereof.
(2)
Part III
of this Act shall come into operation on the 16th day of December, 1933.
Definitions.
3.—(1) In this Act— the expression “the Principal Act” means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933); the expression “the Minister” means the Minister for Agriculture; the expression “sale (home-grown wheat) certificate,” “milling licence,” “registered wheat dealer,” “registered distiller,” “cereal year,” “sale (wheat) season,” “ascertained average price per barrel of home-grown wheat” and “standard price per barrel” have the meanings respectively assigned to them by the Principal Act; the expression “certificated wheat” means wheat in respect of which a sale (home-grown wheat) certificate has been made.
Regulations.
4.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.
Expenses.
5.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance be paid out of moneys provided by the Oireachtas.
PART II.
Amendments of the Principal Act.
Amendment of section 28 of the Principal Act.
6.—Sub-section (3) of section 28 of the Principal Act is hereby amended by the insertion therein of the words “unless the quota for such mill in respect of such period or year does not exceed one thousand barrels of wheat or” before the words “unless he satisfies the Court” now contained therein in the said sub-section, and the said sub-section shall be construed and have effect accordingly.
Amendment of section 30 of the Principal Act.
7.—Sub-section (1) of section 30 of the Principal Act is hereby amended by the deletion of the words “a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled in excess of such quota” now contained therein and the insertion therein in lieu of the words so deleted of the words, “in case the quota for such mill in respect of such period or year exceeds one thousand barrels of wheat, a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled in excess of such quota or, in case the quota for such mill in respect of such period or year does not exceed one thousand barrels of wheat and the amount of wheat milled at such mill in such period or year exceeds one thousand barrels of wheat, a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled in excess of one thousand barrels of wheat” and the said section shall be construed and have effect accordingly.
Amendment of section 71 of the Principal Act.
8.—Where— (a) wheat, was sown on any premises during the period of twelve months ending on the 31st day of August, 1933, and (b) the person by whom such wheat was sown or the personal representative or liquidator of such person or the assignee from such person of such premises is registered before the 16th day of December, 1933, in the register of wheat growers in respect of such premises, such person shall for the purposes of section 71 of the Principal Act be deemed to have been registered under the Principal Act in the register of wheat growers in respect of such premises during the period of three months before the 1st day of August, 1933.
Amendment of section 76 of the Principal Act.
9.—Sub-section (1) of section 76 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:— (a) by the insertion therein of the words “or otherwise dispose of” after the words “to sell” now contained therein; and (b) by the insertion in paragraph (b) of the said sub-section of the words “or otherwise disposed of” after the word “sold” now contained therein.
PART III.
Sale of Home-Grown Millable Wheat for Seed and Levy on Home-Grown Millable Wheat Sold for Seed.
Further amendment of section 76 of the Principal Act.
10.—(1) Notwithstanding anything in sub-section (1) of section 76 of the Principal Act, as amended by this Act, it shall be lawful for the holder of a milling licence or a registered wheat dealer to sell certificated wheat to a person, who is not an excepted person, if such holder or dealer is the holder of a licence (in this Act referred to as a sale (wheat seed) licence) granted by the Minister under this Act and such wheat is sold under and in accordance with such licence, and the said section 76 shall be construed and have effect accordingly.
Grant and revocation of licences.
11.—(1) The Minister may, if he so thinks it expedient, grant to the holder of a milling licence or a registered wheat dealer a sale (wheat seed) licence.
Breach of conditions of licence.
12.—If a person who is the holder of a sale (wheat seed) licence fails, neglects, or refuses to comply with any condition of such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in the case of a first offence under this section, a fine not exceeding twenty-five pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding fifty pounds.
Levies in respect of certificated wheat sold for seed.
13.—If in any sale (wheat) season, the average ascertained average price per barrel of home grown wheat for that season is less than the standard price per barrel for that season, there shall, not less than one month after the publication, in the Iris Oifigiúil, pursuant to section 70 of the Principal Act, of such ascertained average price, be paid to the Minister— (a) in case such sale (wheat) season is the sale (wheat) season ending on the 15th day of December, 1933, by every person who is the holder of a milling licence or a registered wheat dealer, in respect of every stone of certificated wheat (other than certificated wheat sold to excepted persons) sold (whether before or after the passing of this Act) by him during such sale (wheat) season, a levy of an amount equal to one-twentieth of the difference between such ascertained average price and such standard price; (b) in any other case, by every holder of a sale (wheat seed) licence, in respect of every stone of certificated wheat (other than certificated wheat sold to excepted person) sold by him during the levy period which is or includes such sale (wheat) season, a levy of an amount equal to one-twentieth of the difference between such ascertained average price and such standard price.
Recovery of levies.
14.—(1) Every levy required by this Part of this Act to be paid by any person to the Minister shall be a debt due and payable by such person to the Minister, and in case such levy or any part thereof remains unpaid after the last date specified in this Part of this Act for the payment of such levy, such levy or part may be recovered from such person by the Minister as a simple contract debt in a court of competent jurisdiction.
Disposition of levies.
15.—All moneys paid to or recovered by the Minister under this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
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